United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jacob v. Roberts, 223 U.S. 261 (1912)

Jacob v. Roberts

No. 169

Argued January 25, 1912

Decided February 19, 1912

223 U.S. 261

Syllabus

While an essential element of due process of law is opportunity to be heard, a necessary condition of which is notice, Simon v. Craft, 182 U. S. 427, personal notice is not always necessary. Ballard v. Hunter, 204 U. S. 241.

In this case, held that the proceedings for service by publication show sufficient inquiry was made to ascertain the whereabouts of the persons to be served and who were served by publication under provisions of § 412 of the Code of Civil Procedure of California, and that due process of law was not denied by service in that manner.

154 Cal. 307 affirmed.

The facts, which involve the question of whether due process of law was afforded by substituted service of process under the statutes of California, are stated in the opinion.

Page 223 U. S. 263